Background
Johnny Chi lodged two documents for filing on 30 July 2026: an affidavit dated 1 July 2026 annexing a proposed originating application for judicial review of a decision of a registrar of the Federal Court, and a supporting affidavit dated 10 July 2026.
On 31 July 2026, the filings judge directed under r 2.27(f) of the Federal Court Rules 2011 (Cth) that the documents not be accepted for filing without the Court’s leave. Chi then applied for leave under r 2.27A. The application was determined on the papers.
The Court’s Holding
Justice Perram refused leave to file the documents and dismissed the leave application without an oral hearing.
The Court was not satisfied that the proposed proceedings had any prospects of success. That conclusion was sufficient to refuse leave under the filing-control process engaged by the earlier direction.
Key Takeaways
- A direction preventing documents from being accepted for filing may require an applicant to obtain leave under r 2.27A.
- The Court may assess whether proposed proceedings have prospects of success when deciding whether to grant leave to file.
- Here, the absence of any prospects of success resulted in refusal of leave and dismissal without an oral hearing.
Why It Matters
The decision illustrates the Federal Court’s ability to prevent unmeritorious proposed proceedings from being filed after a filings judge has made a direction under r 2.27. A self-represented applicant seeking leave must still demonstrate that the proposed case has a viable prospect of success.